French presidential election referendum, 1962
Encyclopedia
A referendum on the direct election of the President was held in France
on 28 October 1962. It was approved by 62.3% of voters with a 77.0% turnout. However, the reform was controversial because it strengthened the executive at the expense of Parliament
, and because of the disputed constitutionality of the procedure used.
and Fourth Republic, Parliament
elected the President of the Republic. In the original 1958 constitution of the Fifth Republic
, the president was elected by an electoral college
, in a manner similar to the senators: electors were the members of Parliament, members of the departmental assemblies, and representatives of cities, towns and villages (such as mayors). Charles de Gaulle
was thus elected in this manner in the 1958 presidential election
.
The presidential office in the Third and Fourth republic was largely ceremonial, with most executive power vested in the "president of the Council of ministers" (short: "president of the Council" or président du conseil), a more powerful analogue to the present-day Prime minister
. Charles de Gaulle, who largely designed the constitution of the Fifth Republic, wanted a more powerful presidential office. The proposed change would have the president elected by the two-round system of voting
: if no candidate has obtained more than half of votes in the first round, a second round is held between the first two contenders; thus, the elected president will have obtained more than half the vote in a nation-wide ballot. This direct election by more than half of the non-blank ballots directly cast by the citizenship would give the office much more legitimacy and status than indirect election by the presidential college, thus greater influence even with unchanged constitutional powers.
Charles de Gaulle soon preferred to be elected by direct popular vote, which would give him a stronger political position, and proposed that the Constitution be amended.
The referendum was highly controversial. Part of the controversy concerned the constitutional processes for modifying the Constitution. According to article 89 of the Constitution of France
, any constitutional reform must be first approved by both houses of Parliament: the National Assembly and the Senate. Then it is either approved by a referendum, or by a solemn joint session of both houses known as Congress
. Instead, Charles de Gaulle used Article 11 of the Constitution, which allows the Prime Minister
, then Georges Pompidou
, to request the President to submit to a referendum a bill in certain areas of law, including "the organization of public powers". To summarize, supporters of de Gaulle and the referendum contended that Article 11 allowed bills to be passed on constitutional matters, while opponents considered that the existence of a special process in Article 89 precluded this.
Many legal scholars and politicians disagreed with this application of Article 11, which they felt was unconstitutional, while Gaullist
s generally supported the move. François Mitterrand
, former minister and future President of the Republic, characterized the referendum as unconstitutional. Gaston Monnerville
, president of the Senate, referred the matter to the Constitutional Council
(Article 61). The council however ruled that it fell outside of its jurisdiction to strike down a reform voted by the French people, thus upholding de Gaulle's action. This was unsurprising: from 1958 to 1970, under Charles de Gaulle's presidency, the Constitutional Council was sometimes described as a "cannon aimed at Parliament", protecting the executive branch against encroachment by Parliament; all referrals except the one from Monnerville had come from the Prime Minister, who always got a ruling of partial unconstitutionality (the Council had struck down for unconstitutionality provisions introduced by Parliament that the Prime Minister disagreed with). Monnerville went as far as to use the strong word of forfaiture ("abuse of authority") against the behaviour of Prime Minister Pompidou, who had accepted to sign the referendum project.
Many members of the National Assembly were also very unhappy about the situation. On 4 October 1962, the Assembly voted no-confidence in the Government, resulting in the automatic resignation of the Prime Minister (Constitution, article 49-2); this was the only successful vote of no-confidence of the Fifth Republic. The vote was supported by, among others, former prime ministers Paul Reynaud
and Guy Mollet
, who severely criticized the referendum. Charles de Gaulle
dissolved the Assembly within a few days, thus provoking legislative elections in November
, and appointed Georges Pompidou again.
, this time by direct suffrage.
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
on 28 October 1962. It was approved by 62.3% of voters with a 77.0% turnout. However, the reform was controversial because it strengthened the executive at the expense of Parliament
Parliament of France
The French Parliament is the bicameral legislature of the French Republic, consisting of the Senate and the National Assembly . Each assembly conducts legislative sessions at a separate location in Paris: the Palais du Luxembourg for the Senate, the Palais Bourbon for the National Assembly.Each...
, and because of the disputed constitutionality of the procedure used.
Background
In the ThirdFrench Third Republic
The French Third Republic was the republican government of France from 1870, when the Second French Empire collapsed due to the French defeat in the Franco-Prussian War, to 1940, when France was overrun by Nazi Germany during World War II, resulting in the German and Italian occupations of France...
and Fourth Republic, Parliament
Parliament of France
The French Parliament is the bicameral legislature of the French Republic, consisting of the Senate and the National Assembly . Each assembly conducts legislative sessions at a separate location in Paris: the Palais du Luxembourg for the Senate, the Palais Bourbon for the National Assembly.Each...
elected the President of the Republic. In the original 1958 constitution of the Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
, the president was elected by an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
, in a manner similar to the senators: electors were the members of Parliament, members of the departmental assemblies, and representatives of cities, towns and villages (such as mayors). Charles de Gaulle
Charles de Gaulle
Charles André Joseph Marie de Gaulle was a French general and statesman who led the Free French Forces during World War II. He later founded the French Fifth Republic in 1958 and served as its first President from 1959 to 1969....
was thus elected in this manner in the 1958 presidential election
French presidential election, 1958
The French presidential election of 1958, the first of the French Fifth Republic, took place on December 21, 1958. This was the only French presidential election by the electoral college .-First round:To win, a candidate...
.
The presidential office in the Third and Fourth republic was largely ceremonial, with most executive power vested in the "president of the Council of ministers" (short: "president of the Council" or président du conseil), a more powerful analogue to the present-day Prime minister
Prime Minister of France
The Prime Minister of France in the Fifth Republic is the head of government and of the Council of Ministers of France. The head of state is the President of the French Republic...
. Charles de Gaulle, who largely designed the constitution of the Fifth Republic, wanted a more powerful presidential office. The proposed change would have the president elected by the two-round system of voting
Two-round system
The two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...
: if no candidate has obtained more than half of votes in the first round, a second round is held between the first two contenders; thus, the elected president will have obtained more than half the vote in a nation-wide ballot. This direct election by more than half of the non-blank ballots directly cast by the citizenship would give the office much more legitimacy and status than indirect election by the presidential college, thus greater influence even with unchanged constitutional powers.
Proposal and debate
- See French legislative election, 1962French legislative election, 1962- National Assembly by Parliamentary Group:...
for more about the French politics of that time.
Charles de Gaulle soon preferred to be elected by direct popular vote, which would give him a stronger political position, and proposed that the Constitution be amended.
The referendum was highly controversial. Part of the controversy concerned the constitutional processes for modifying the Constitution. According to article 89 of the Constitution of France
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
, any constitutional reform must be first approved by both houses of Parliament: the National Assembly and the Senate. Then it is either approved by a referendum, or by a solemn joint session of both houses known as Congress
Congress of France
The French Congress is the name given to the body created when both houses of the present-day French Parliament—the National Assembly and the Senate—meet at the Palace of Versailles to vote on revisions to the Constitution or to listen to an address by the President of the French...
. Instead, Charles de Gaulle used Article 11 of the Constitution, which allows the Prime Minister
Prime Minister of France
The Prime Minister of France in the Fifth Republic is the head of government and of the Council of Ministers of France. The head of state is the President of the French Republic...
, then Georges Pompidou
Georges Pompidou
Georges Jean Raymond Pompidou was a French politician. He was Prime Minister of France from 1962 to 1968, holding the longest tenure in this position, and later President of the French Republic from 1969 until his death in 1974.-Biography:...
, to request the President to submit to a referendum a bill in certain areas of law, including "the organization of public powers". To summarize, supporters of de Gaulle and the referendum contended that Article 11 allowed bills to be passed on constitutional matters, while opponents considered that the existence of a special process in Article 89 precluded this.
Many legal scholars and politicians disagreed with this application of Article 11, which they felt was unconstitutional, while Gaullist
Gaullism
Gaullism is a French political ideology based on the thought and action of Resistance leader then president Charles de Gaulle.-Foreign policy:...
s generally supported the move. François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
, former minister and future President of the Republic, characterized the referendum as unconstitutional. Gaston Monnerville
Gaston Monnerville
Gaston Monnerville was a French politician and lawyer.The grandson of a slave, he grew up in French Guiana and went to Toulouse to complete his studies. A brilliant student, he became a lawyer in 1918 and worked with César Campinchi, a lawyer who later became an influential politician...
, president of the Senate, referred the matter to the Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
(Article 61). The council however ruled that it fell outside of its jurisdiction to strike down a reform voted by the French people, thus upholding de Gaulle's action. This was unsurprising: from 1958 to 1970, under Charles de Gaulle's presidency, the Constitutional Council was sometimes described as a "cannon aimed at Parliament", protecting the executive branch against encroachment by Parliament; all referrals except the one from Monnerville had come from the Prime Minister, who always got a ruling of partial unconstitutionality (the Council had struck down for unconstitutionality provisions introduced by Parliament that the Prime Minister disagreed with). Monnerville went as far as to use the strong word of forfaiture ("abuse of authority") against the behaviour of Prime Minister Pompidou, who had accepted to sign the referendum project.
Many members of the National Assembly were also very unhappy about the situation. On 4 October 1962, the Assembly voted no-confidence in the Government, resulting in the automatic resignation of the Prime Minister (Constitution, article 49-2); this was the only successful vote of no-confidence of the Fifth Republic. The vote was supported by, among others, former prime ministers Paul Reynaud
Paul Reynaud
Paul Reynaud was a French politician and lawyer prominent in the interwar period, noted for his stances on economic liberalism and militant opposition to Germany. He was the penultimate Prime Minister of the Third Republic and vice-president of the Democratic Republican Alliance center-right...
and Guy Mollet
Guy Mollet
Guy Mollet was a French Socialist politician. He led the French Section of the Workers' International party from 1946 to 1969 and was Prime Minister in 1956–1957.-Early life and World War II:...
, who severely criticized the referendum. Charles de Gaulle
Charles de Gaulle
Charles André Joseph Marie de Gaulle was a French general and statesman who led the Free French Forces during World War II. He later founded the French Fifth Republic in 1958 and served as its first President from 1959 to 1969....
dissolved the Assembly within a few days, thus provoking legislative elections in November
French legislative election, 1962
- National Assembly by Parliamentary Group:...
, and appointed Georges Pompidou again.
Results
| Choice | Metropolitan France Metropolitan France Metropolitan France is the part of France located in Europe. It can also be described as mainland France or as the French mainland and the island of Corsica... |
Total | |||
|---|---|---|---|---|---|
| Votes | % | Votes | % | ||
| For | 12,809,363 | 61.8 | 13,150,516 | 62.3 | |
| Against | 7,932,695 | 38.2 | 7,974,538 | 37.7 | |
| Invalid/blank votes | 559,758 | – | 569,509 | – | |
| Total | 21,301,816 | 100 | 21,694,563 | 100 | |
| Registered voters | 27,582,113 | – | 28,185,478 | – | |
| Source: Nohlen & Stöver | |||||
Aftermath
Since the referendum was positive, the mode of election of the president changed, and Charles de Gaulle remains the only president of France elected by an electoral college. Charles de Gaulle was reelected in 1965French presidential election, 1965
The 1965 French presidential election was the first presidential election by direct universal suffrage of the Fifth Republic. It was also the first presidential election by direct universal suffrage since the Second Republic in 1848. It was won by incumbent president Charles de Gaulle who resigned...
, this time by direct suffrage.
Further reading
- Table ronde : la réforme de 1962, with Gilles Le Béguec, Pierre Sudreau, Jean Donnedieu de Vabres, Jean FoyerJean FoyerJean Foyer was a French politician and minister. He studied law and became a law professor at the university...
, Jean-Marcel JeanneneyJean-Marcel JeanneneyJean-Marcel Jeanneney was a minister in various French governments in the 1950s and 60s, as well as France's first ambassador to Algeria in the immediate aftermath of the Algerian War...
, Parlement[s], Revue d'histoire politique, n° HS 1 2004/3, pp. 23–43, L'Harmattan,